Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)

Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)

Deprivation of custody rights from the point of view of Islamic religious jurisprudence

Articles in Press

Document Type : Research Paper

Authors
Hossein khanlari Bahnamiri 1
Mohammad Hossein Taghipour Darzi Naghibi 2
Fatemeh Karimi Kenari 3
1 Assistant Professor, Department of Law, Damghan University
2 Assistant Professor, Department of Private Law, University of Mazandaran, Babolsar, Iran
3 Law Master's student, University of Mazandaran
10.22034/mtmi.2024.443089.1733
Abstract
Custody is a form of guardianship and sovereignty over children and madmen in order to maintain and educate them. In the institution of the family, which is the first and most important social institution, as long as the marriage relationship is established, the parents are jointly responsible for the custody of their children, after the dissolution of the marriage, until a certain age, the custody of the child is the responsibility of the mother and after that It is the responsibility of the father. In the jurisprudence of the Imamiyyah and Sunni schools of thought, many and sometimes contradictory opinions have been presented on the issue of custody, especially its muscats. This research by using the descriptive-analytical method and in a library manner and by referring to related documents, books and articles, while examining the opinions of the jurists of Islamic schools, has reached this logical conclusion in a comparative manner that custody is generally in It has been established to protect and respect the interests of the child and to prevent harm to the child, and it is suggested that cases of deprivation of custody should be reduced or increased accordingly.
Keywords
The right of custody
the interest of the child
deprivation of the right of custody
mother
jurisprudence of Islamic religions
Motaleat-e-Taghribi Mazaheb-e-Eslami (Proximity Studies of Islamic Denominations) (Foroughe Vahdat)

Articles in Press, Accepted Manuscript
Available Online from 10 January 2025